The free expression of student opinion is an important part of education in a democratic society. Student’s verbal and written expression of opinion on school premises is to be encouraged so long as it does not substantially disrupt the operation of the school. Students are expressly prohibited from the use of vulgar and/or offensive terms in classroom or assembly settings.
The Superintendent shall develop guidelines that students are able to enjoy free expression of opinion while maintaining orderly conduct in the school.
Procedures
Students shall enjoy the privilege of free verbal and written expression providing such expression does not disrupt the operation of the school. The principal shall have the authority to monitor student verbal and written expression. Students who violate the standards for verbal and written expression shall be subject to corrective action or punishment. The following guidelines are in effect:
- Distribution of written materials or presentation of an oral speech in an assembly or classroom setting may be restricted:
- Where there is evidence which reasonably supports a forecast that the expression is likely to cause material and substantial disruption of, or interference with, school activities, when such disruption or interference cannot be prevented by less restrictive means; or,
- Where such expression unduly impinges upon the rights of others.
In order for a student publication or speech to be disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial disruption to normal school activity would occur if the material were published and distributed. Disruption includes, but is not necessarily limited to, student rioting, destruction of property, widespread shouting, or boisterous conduct; or substantial student participation in a school boycott, sit-in, stand-in, walk-out, or other related form of activity. - Distribution of written material or presentation of an oral speech which are construed to be obscene shall not be permitted. Rules for determining obscenity will be consistent with those as applied to instructional materials. Obscene material, is what the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interests; that the work depicts or describes in a patently offensive way, sexual conduct specifically defined by applicable state law; the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
- Libelous material or speech may be prohibited. Libelous material shall be defined to include defamatory falsehoods about public figures or governmental officials. In order to be libelous, the defamatory falsehood must be made with actual malice; that is with knowledge that it is false or with reckless disregard of whether it was false or not.
- Materials may be considered profane when the language does not meet the standards of professional journalism as evidenced by the newspapers commonly distributed in the District. Sanctions may be imposed on a student when he/she engages in offensively “lewd and indecent speech.”
- Publications may not “invade the privacy” of individuals. Such occurrences may include exploitation of one’s personality, publications, or one’s private affairs with which the public has no legitimate concern or wrongful intrusion into one’s private activities in a manner that can cause mental suffering, shame, or humiliation to a reasonable person of ordinary sensibilities.
- Publications or oral speeches which criticize school officials or advocate violation of school rules may be prohibited when there is evidence which supports a forecast that substantial disruption of school may develop.
- Publications or oral speeches which advocate racial, religious, or ethnic prejudice or discrimination or seriously disparage particular racial, religious, or ethnic groups are prohibited.
